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Home My WebLink Aboutbocc.con.001.2008CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING CONTRACT #: ~o/- aDU Originating Department/Division: Health & Human Services Contact Person: Susan Berdahl Phone #: 920-5766 Project Name: Schultz Health & Human Services Leases ^ BOCC AGENDA ITEM ®STAFF AUTHORIZED SIGNATURE (BOCC signature required) (per Revised Procurement Code 7/2005) Check procurement type: ®None ^Informal ^Fonnal ^Sole Source ^Emergency ^State Bid ^ Check Contract Tvue: Dollar Amount: ~3br, 4 3 ~ /^~"rCiND Budget Line Item/Ledger Number DD/, ys; ~pS~/a . ~~ / ^Services/Maintenance ^Employment (for county employees) ^License/L7se ^Intergovernmental Agreement (Requires BOCC Action) ®Lease ^Non-Profit ^Construction ^Quasi-Public ^Goods, Equipment, Supplies ^Grant Agreements (Requires BOCC Action) ^Other (e.g. revenue) ^Change Order/Contract Amendment Contractor/Business Complete Legal Name: yEV~~~uN6 C~C~i/-~/1.,` OF (~OGOR-ADo tU(.S/ Contract Execution 1 ~ ~ ~~° ~ Contract End Date: ~2E6/aN~4~ KfD~g~- Automatic Renewal ~(ES Term of Contract: t~Eht7Tf- ~''~~ All Contracts should be proofed for the following: ®No Pages Missing ^If a Page is Left Intentionally Blank -Note on Page ®Page numbered consecutively ®All Signatures Affixed ®All Dates Filled In ®All Other Blanks Filled In ^All Exhibits Attached ^All Legal Descriptions Attached (f appropriate) ^Notice of Award/Proceed Attached pf appropriate) ®Special Instructions for Finance Department: in kind rent ®Sent to Clerk and Recorder for Scanning/Archiving ^Authorized Staff Person's Name: Susan Berdahl ^Warranty, if applicable BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. ~q4 Amended 11 OS 07 - - C~ LEASE AGREEMENT BETWEEN ASPEN COUNSELING CENTER OF COLORADO WEST REGIONAL MENTAL HEALTH CENTER AND PITHIN COUNTY, COLORADO Contract Number 001-2008 Ledger Number D6/- ~S 005. ~~D~ ~ This lease agreement is made and entered into on the 1st day of January, 2008, by and between Aspen Counseling Center of Colorado West Regional Mental Health Center, hereafter referred to as Aspen Counseling Center or "Lessee/Agency", hereinafter referred to as "Lessee/Agency", and the County of Pitkin in the State of Colorado hereinafter referred to as the "County/Lessor". Whereas, Aspen Counseling Center desires to rent an office space in the Schultz Health and Human Services Building of approximately 2,049 sq feet for 2008 and years thereafter. Now therefore, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1) Term and Renewal of Agreement: The County/Lessor hereby leases and demises for the calendar year 2008 to Aspen Counseling Center that area designated Suite # 9 in the Schultz Building. Absent any termination for cause under pazagraph 14 of this Agreement, this Agreement shall automatically renew for a twelve (12)-month period and for similaz, 12-month terms unless either party elects to terminate this Agreement by serving a written notice to terminate this Agreement on the other party no later than thirty (30) days prior to the expiration of the original term or any one yeaz renewal term. 2) No Waste or Damage Covenant: During the period of this lease agreement Aspen Counseling Center shall maintain this office in good shape and repair and return it to the County/Lessor in substantially the same condition received normal wear excepted. 3) Pavment: The rent for 2008 is $19 per squaze ft. per year for the space rented by Aspen Counseling Center, totaling $38,931; however, the County/Lessor shall provide an in- kind rent contribution of $38,931 to Aspen Counseling Center. 4) Governing Law: This lease agreement has been entered into in the State of Colorado, and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of Colorado. 5) Remodels To Premises: No remodeling or painting is to be done to premises without the written consent of the County/Lessor. This includes any alterations to the walls and ceilings to accommodate phone and data lines, cable service, electrical outlets and light fixtures. Remodels will be done at the Lessee/Agency's cost unless the remodel is addressing a health or safety issue. County/Lessor must approve any credit of cost of remodeling before work commences. 6) Building Concerns and Complaints: All calls about the physical operation of the building should go directly to Jodi Smith, Facilities Manager at 920-5396, a-mail jodis _ co.pitkin.co.us or call the crew at 920-5377 during the week (Monday through Friday). On Saturday and Sunday (or after hours on weekdays), all calls about facilities should go to the Communications Center at 920-5310 and ask them to page BGM. 7) Non-Assienment: This lease agreement and the rights arising under it shall not be assigned or transferred by Aspen Counseling Center. 8) Occunancv Reouirement: Pitkin County leases space in the Schultz Health & Human Services building to non-profit agencies that help further the community's access to health & human services. In order to best meet community needs, the County holds the right to cancel any lease agreement with a tenant that does not occupy their space and actively provide services to the community on an ongoing basis. Any lease for office space that is not actively used over the period of three months will be reviewed and the lease maybe revoked by the County. 9) Bindine Effect: This lease agreement shall be binding upon the parties hereto, their respective heirs, successors and assigns. 10) Covenant ofNon-Interference: Aspen Counseling Center agrees to undertake its activities in the leased premises in a manner, which will not interfere with other tenants, and activities in the building. 11) Utilities: The County/Lessor shall supply heating and electricity to the leased premises at no additional charge. 12) Phones and data: Aspen Counseling Center shall provide its own phone service and Internet connections. 13) Use of Photoconier: The County/Lessor shall supply an operating photocopying machine and copying paper for the use of tenants at a cost of $.02 per copy. This will be billed semi-annually. 14) Termination for Cause and Unsuitabilitv: In the event that the Lessee/Agency shall default by failing to perform, keep and observe any of the terms, covenants or conditions herein contained on its part to be performed, as determined by the County, or the building or leased premises become damaged or untenantable for any reason during the term hereof, the County/Lessor shall have the right to declare this lease terminated and require Aspen Counseling Center to vacate the premises, whereupon the parties shall have no further obligations hereunder. 15) Indemnification A. Lessee/Agency shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Lessee/Agency or any consequential liability alleged to accrue against the County/Lessor on account of the Lessee/Agency`s, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County/Lessor or its employees. B. The Lessee/Agency further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is Boundless, false or fraudulent. 16) Insurance A. In whole or in part, the Lessee/Agency shall secure and maintain for the term of its contractual relationship with the County/Lessor such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County/Lessor and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Lessee/Agency's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsements as aze indicated by an "X", aze required: (2) Commercial General Liability -ISO 1998 Form or equivalent County named additional insured Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include (place X by applicable provisions): X Premises/Operations Underground, Explosion & Collapse Hazazd X Products/Completed Operations X Contractual Liability X Independent Contractors and Subcontractors X Broad Form Property Damage X Personal Injury EVIDENCE OF INSURANCE SHOULD BE SENT TO: Pitkin County Health & Human Services c/o Susan Berdahl 0405 Castle Creek Road, Suite 7 Aspen CO 81611 3 B. To provide evidence of the required insurance coverages, copies of Certificates of Insurance in a form acceptable to the County/Lessor shall be filed with the County/Lessor (through the County/Lessor Representative) no later than ten (10) calendaz days prior to commencement of operations affecting the County/Lessor. Failure to file or maintain acceptable Certificates of Insurance with the County/Lessor is agreed to be a material breach of anv contract and Qrounds for rescission or tmmnation. These Certificates of Insurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendaz days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County/Lessor (through the County/Lessor's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverages required herein, including a change to policy limits as set out in the then-current policy declarations page). Simultaneously with the Certificates of Insurance, the Lessee/Agency shall file with the County/Lessor's Risk Department (and promptly update, as necessary) a certified statement as to claims pending against the required coverages, reserves established on account of such claims, defense costs expended and amounts remaining on policy limits. C. In addition, these Certificates of Insurance shall contain the following clauses: (1) The clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. (2) The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. (3) Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole expense of the Lessee/Agency. (4) Location of operations shall be: "all operations and locations at which work for the referenced Project is being done." D. Certificates of Insurance for all renewal policies shall be delivered to the County/Lessor's Representative at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Agreement or thereafter. E. The County/Lessor reserves the right to request and receive a copy of any policy and any policy endorsement. 17) Termination: This agreement maybe temunated at any time for any cause by either party by 30 day written notice to the other party at the addresses set forth below. 4 18) Removal of Pronerty: It shall be the responsibility of the Aspen Counseling Center at its own sole cost and expense, within five days after the expiration of this Agreement, to remove office equipment from the premises. Any equipment not removed within this period of time shall be conclusively deemed to be abandoned by Aspen Counseling Center and shall become the property of the County/Lessor. 19) Attomey's Fees: In the event legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 20) Grant Award Contingency: The Aspen Counseling Center aclrnowledges that occupancy of the premises is contingent upon satisfactory and timely compliance with the terms, obligations and provisions set forth in the Grant Awazd Agreement and that the parties' rights and obligations pursuant to this Lease Agreement will terminate automatically upon termination or cancellation of the Grant Awazd Agreement between Pitkin County and Aspen Counseling Center. Termination of this Lease Agreement shall occur upon thirty (30) days written notice to the address set forth below. Upon temunation of this Lease Agreement, Lessee/Agency shall vacate the premises. Lessee/Agency shall be responsible to County/Lessor for the cost of repairs, legal fees, advertising and any other costs incurred in preparing the premises for re-renting. 21) Notice: Any written notice required by this Agreement shall be deemed delivered on the happening of any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified, first class mail, postage prepaid, return receipt requested addressed as follows: a. To Pitkin County: Nancy Sundeen Director Pitkin County Health & Human Services 530 East Main Street Aspen, CO 81611 Fax: (970) 920-5198 b. To Lessee/Agency: Kenneth Stein, Ph.D. Executive Director Colorado West Regional Mental Health Center PO Box 40 Glenwood Springs, CO 81602 Fax: (970) 945-5523 __.. _.... ..... _. _ ~...-.. _ .,. . .,.W IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the latest date written below. PTI'K~IN COUNTY, ,(COLORADO: I Nancy N. Sundeen~ Date Director of Health & Human Services, Pitkin County COUNSELING CENTER OF HEALTH CENTER Date Executive Director Colorado West Regional Mental Health Center PO Box 40 Glenwood Springs, CO 81602 I By: ^ `d David Crutchfield f Date d~ ~~~ 6